An opening statement is an oral account of a lawyer’s beliefs before evidence or testimony in a trial. Attorneys use it to establish rapport with the jury and emphasize their client’s case. The party with the burden of proof usually makes the first statement.
In many jurisdictions, when a case goes to trial, each side’s attorney can make an opening statement before evidence is admitted or testimony is heard. This statement is an oral account of what the attorney believes he is feeling during the trial. Opening statements are often permitted in both criminal and civil cases and generally become part of the official record of the trial. In many jurisdictions, attorneys are not permitted to make arguments during an opening statement. Rather, these are to be reserved for the closing argument, which is an oral statement made by each of the attorneys after all the evidence has been presented.
Usually, each side’s attorney has the right to make an opening statement before a judge or jury. If a party is pro se, meaning they have not hired a lawyer, the party may be able to make the statement. Opening statements are usually delivered after a jury has been selected, although some jurisdictions allow the statement to be made before the final jury selection. Typically, each party can waive its right to make an opening statement, although most parties choose to make a statement.
An attorney often uses an opening statement to establish rapport with a jury and to emphasize the favorable attributes of his client’s case. An opening statement will often sound like a story. During the statement, each of the opposing attorneys usually tells their side of events in the case. Additionally, attorneys usually describe the central legal elements at issue in the case.
When filing an opening statement, an attorney can outline the sequence of who will testify and what they will testify about. The lawyer may also allude to the different types of evidence that will be presented during the trial. In addition to telling his client’s side of the story during an opening statement, an attorney can also describe what the evidence won’t support. For example, in a murder case, a defense attorney may state that the prosecution will be unable to produce evidence of a murder weapon during trial.
As a general rule, the party with the burden of proof makes its opening statement first. In a civil case, a plaintiff usually has the right to file the first statement. The prosecution generally provides the first opening statement in a criminal case.
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